R. MATHIALAGAN Vs. V. RAVICHANDRIKA

JUDGEMENT

(1.) The petitioner is the husband of the respondent herein. The marriage between them was solemnized on 12.09.1991. They have got a male child born on 09.12.1997. Thereafter, there there was no love-lost between them. The petitioner filed H.M.O.P.No.119 of 2007, before the Family Court, Madurai, seeking divorce to dissolve the marriage between him and the respondent on the ground that the respondent had deserted him voluntarily and she was not willing to live with him, without any sufficient cause. The Trial Court, by Judgment and Decree, dated 01.06.2010, granted divorce, accepting the plea of the petitioner. While granting divorce, the Family Court directed the petitioner to pay a sum of Rs.750/- per month as alimony. The said order has become final. Subsequently, the respondent filed M.C.No.39 of 2011, before the Family Court, Madurai, claiming maintenance, at the rate of Rs.6,000/- per month, under Section 125 of the Code of Criminal Procedure, [for brevity, "the Code"]. The Family Court, by order dated 04.12.2013, allowed the said petition directing the petitioner to pay a sum of Rs.2,000/- per month to the respondent towards her maintenance. Challenging the same, the petitioner has come up with the present Criminal Revision Case.

(2.) I have heard the learned counsel appearing for the petitioner. Since the respondent had not appeared, despite service of notice, this Court appointed Mr.D.Gnanasekaran, as Legal Aid Counsel, to argue the case on behalf of the respondent. I have heard him also and perused the records carefully.

(3.) The main contention of the learned counsel for the petitioner is that since there was a decree for divorce granted by the Family Court, on the ground of desertion, the respondent is not entitled for maintenance under sub-section 4 of Section 125 of the Code.